GTM issues

Red__Zed · 09-26-2012, 10:14 PM

Quote:

Originally Posted by Cmike2780

It's pretty simple then, isn't it? There's a certain amount of risk involved and you have very few legal actions available should something go wrong. Contracts are required when someone has work done at the dealership. It protects both parties in case the unexpected happens. I guess my point is that at the end of the day, you chose to have the work done. If a vendor can't sign something with the basic expectations from both sides, I wouldn't want to do business with them.

That's not true at all. Contracts are helpful in making things more clear cut in potential legal proceedings, but you ABSOLUTELY maintain a right to demand anything that was agreed to or implied in a verbal contract.

Quote:

Originally Posted by SAM@GTM

What is extortion you ask? How about this answer from the California Penal Code:

Pretty cut and dry if you ask me...that's exactly what you did, and yes, it is a crime. So, you said that if we don't give you $6k, you would charge us with criminal wrongdoing. That my friend is extortion. According to the California Penal Code, you broke the law and once we get confirmation from our attorney, we reserve the right to press charges. Bear in mind that we have more evidence to further incriminate you, but we'll leave that for court.

I would recommend consulting with your lawyer before you continue to threaten him with a lawsuit for extortion. I don't have a stellar understanding of the intricacies of CA, but his request would generally not be considered extortion in most states.

Quote:

Thanks for the update. I don't plan to seek legal action against you if you comply with my reasonable requests, as stated in my prior email. I find no joy in this and am only asking to be made whole, so I can move on with my car, and you can move on with your business.

Any half-assed lawyer can spin this a settlement offer if worst comes to worst, but even better, most states define extortion in such a way that if the alleged "extorter" genuinely believes the money is owed to them, you don't have an extortion has.

I'm also not sure if you can even use the threat of a civil suit to claim you were being "extorted"

Disclaimer: I am not a lawyer, but I did stay at a Holiday Inn Express last night.

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